Mental health treatment of children in collaborative divorce.
How do parenting plans provide for consent to mental health treatment for a child? What does “mental health treatment” even mean and include? Further, what if parents don’t agree on mental health treatment their child should continue, undertake, or stop? In this context, how does shared parental responsibility and decision making work? Specifically, may one […]
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Parents in Florida divorce and paternity cases decide if they will share parental responsibility and decision making for their child. Therefore, they must agree to a “Parenting Plan” or have a judge decide on a plan. In collaborative practice, parents work with a collaborative neutral facilitator and collaborative professional team. How does that work? The
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Parents who “share parental responsibility” retain full parental rights and responsibilities for their child. This means both parents confer with each other to make decisions for their child. See Section 61.046(17), Florida Statutes. In sharing responsibility for decisions, parents generally must communicate with each other. They must try to agree about important decisions. Most parents would
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Florida law treats consent to a child’s “mental health treatment” differently from other shared major parental decisions. Most parenting plans say parents will share parental responsibility. For such plans, section 61.13(2)(b)3., Florida Statutes, requires providing that either parent retains consent to mental health treatment for their child. Parenting Plan Must Provide for Each Parent’s Consent to Mental
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In 2016, Florida law changed to mandate, in parenting plans designating shared parental responsibility, that either parent retains consent to their child’s mental health treatment. See Section 61.13(2)(b)3., Florida Statutes, amended by Laws of Florida 2016-241. Analysis of the final version is available here. A parenting plan that doesn’t provide for either parent to consent
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How do courts in Florida handle shared parental responsibility over a child’s health care? Florida family judges must determine parenting matters according to the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act. Exception to Best Interests: Modification of Parenting Plan There is an exception. Modification of a parenting plan and
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Florida’s divorce and paternity statutes don’t define “mental health treatment.” When they’re sharing parental responsibility, each parent retains parental consent to mental health treatment. However, when parents define “mental health treatment” and clarify and agree to the scope of “mental health treatment” for their child, they may avoid confusion and future litigation. Parents in collaborative
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Florida law provides either parent may consent to their child’s mental health treatment. But, what is “mental health treatment? Are there definitions of “mental health treatment” that may guide divorcing parents? The answer is there are definitions of “mental health treatment.” Such definitions may guide parents and their Florida collaborative practice team. That way, parents
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Parents in the Collaborative Process may consider using definitions of “mental health treatment.” This article give example language using definitions. For more about what “mental health treatment” means, read the discussion here. Example Language- Mental Health Treatment For our Parenting Plan, “Mental Health Treatment” means these techniques, as defined in Florida Administrative Code, Rule 63N-1.0081:
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When Florida parents divorce and share parental responsibility, either may consent to mental health treatment for a child. Therefore, mental health treatment providers generally may accept informed consent by only one parent to mental health treatment. Informed Consent by One Parent: Each Parent Has a Fundamental Right to Direct Their Child’s Mental Health Parents’ Bill
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This post summarizes Florida mental health informed consent rules for mental health providers. Florida parents who divorce typically share parental responsibility. When they do, either may consent to mental health treatment for a child. Each parent remains their child’s natural guardian. See Section 744.301(1), Florida Statutes. As summarized in the table below, mental health treatment
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One parent disagrees with the other parent’s consenting to mental health treatment for their child. They share parental responsibility, so each parent retains consent to. mental health treatment. To move forward, the parents may often face costly, time consuming, and inadequate remedies. The parent who doesn’t consent may ask the court to modify the parenting
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